Letter to Governor Cuomo

February 27th, 2013

The Honorable Andrew Cuomo
Governor of New York State
New York State Capitol Building
Albany, NY 12224

Dear Governor Cuomo,

We, the undersigned medical professionals, elected officials, organizations, and concerned New Yorkers, write to thank you. We support your decision to allow rule-making deadlines to lapse in order to grant Department of Health (DOH) Commissioner Nirav Shah additional time to continue the Health Review of the Department of Environmental Conservation’s (DEC) draft Supplemental Generic Environmental Impact Statement (SGEIS) for High Volume Hydraulic Fracturing (HVHF). As DOH Commissioner Shah emphasizes in his recent letter to DEC Commissioner Joseph Martens, understanding the potential impact of HVHF on public health involves answering complex questions. We therefore applaud you for not rushing the DOH through this essential process in order to meet an arbitrary deadline.

In particular, we agree with DOH Commissioner Shah’s assertion, as expressed in his February 12 communiqué to DEC Commissioner Martens, that “the time to ensure the impacts on public health are considered is before a state permits drilling.” On February 13, you were quoted as saying that the decision on HVHF is “too important to make a mistake.” We agree.

We look no farther than our southern border to see the terrible results of moving ahead with HVHF without properly considering the public health consequences from a range of drilling-related impacts. These impacts include 24/7 noise pollution; vehicular accidents; diesel exhaust; well casing/cement failures; direct contamination of wells with methane from deep-level fracture zones; hazardous air pollutants from venting and flaring operations; chemical spills; improper disposal of radioactive waste water; silica dust; stream sedimentation; and, of course, climate-altering methane emissions to air.

With your decision to stop the clock, we hope that you will be guiding our state along a different path—by carefully considering any and all public health impacts before deciding whether to allow fracking in New York. Such a consideration must include a close examination of health impacts in other parts of the nation where HVHF is ongoing. Commissioner Shah’s letter mentions three such studies, which, as Dr. Shah points out, represent the first comprehensive studies of HVHF health impacts at either the federal or state level. It is encouraging that Dr. Shah and his team are taking these studies into account and meeting with the principal investigators of each of them.

At the same time, we strongly disagree with DEC Commissioner Martens’ statement of the same day that asserts that issuance of permits may not be delayed by lack of regulations. You have often stated that HVHF will only move forward in New York State with the nation’s strongest protections in place. An announcement that permits can go forward with no regulations at all contradicts that claim.

We now ask for three further and necessary measures.

First, we ask that you wait for the completion of these three comprehensive studies referenced in Dr. Shah’s letter before deciding whether or not to go forward with permitting a single HVHF well. The NYS DOH health review of HVHF should not be completed until the results from this trio of studies are included. Right now, we lack the meaningful data that these studies will provide. Your oft-stated promise that the science will determine your decision means waiting for that science to emerge.

Second, a secret public health review is a contradiction in terms. We ask that you open up the Department of Health’s inquiry to public comment and participation. Just as New Yorkers vigorously participated in the Department of Environmental Conservation’s proposed regulations and the draft SGEIS, they, along with New York’s health professionals, should also play a key role in this public health review. New York citizens should be allowed to know the charge that Dr. Shah gave the three outside reviewers who are assisting him and to view the documents that they have been given. Upon completion of the draft health review, a public hearing and a formal public comment period must commence.

Lastly, and most importantly, we reiterate our call for a comprehensive, independent Health Impact Assessment (HIA) that is site-specific for New York. As Department of Environmental Commissioner Martens has reminded us on several occasions, HVHF in New York State, if it does take place, would be governed by regulations different than those in any other state. Additionally, our state’s drinking water system is unique. No other major city, for example, relies on aging, 100-miles-long, century-old aqueducts that lie directly atop a fault-riddled shale bedrock. But New York City does.

Likewise, in our Southern Tier region, an interconnected web of surface streams and primary aquifers creates a hydrological system that is unique to New York. The pattern of our air currents and air quality indices are also unique, as are the agricultural practices in our world-renowned wine-producing regions. We remind you that New York State is one of the most densely populated states in the union. Among all states, we are the nation’s third largest dairy producer as well as its third largest producer of organic food. These products are not only a vigorous part of our economy, they contribute to our public health as well. In short, while a public health review of data on the health impacts of fracking from other states can provide us much important insight, it is no substitute for a New York-specific HIA.

Thank you again for your commitment to protect the public health of New Yorkers. We look forward to working with Commissioner Shah as he continues to evaluate the public health impacts of HVHF. We agree with the standard set by Commissioner Martens for HVHF on September 20, 2012: “Obviously if there was a public health concern that could not be addressed we would not proceed.” We believe that this is the standard that must be met.

Sincerely,

HEALTH & MEDICAL ORGANIZATIONS:
Alliance of Nurses for Healthy Environments
American Academy of Pediatrics, District ll New York State
American Lung Association in New York
Breast Cancer Action
Breast Cancer Coalition of Rochester
Breast Cancer Fund
Breast Cancer Network of Western New York
Breast Cancer Options
Center for Environmental Health
Children’s Health Fund
Clean Air Council
Concerned Health Professionals of New York
CRAAB! (Capital Region Action Against Breast Cancer)
Empire State Consumer Project
Great Neck Breast Cancer Coalition
The Health and Environment Alliance, an alliance of over 65 international and Europe-wide organizations, as well as national and local groups in 25 countries
Healthy Schools Network, Inc.
Huntington Breast Cancer Action Coalition, Inc.
Institute for Health and the Environment, University at Albany
LGBT Cancer Project
Maryland Environmental Health Network
New York State Breast Cancer Network, the only statewide coalition of community based breast
cancer organizations in New York
New York State Prostate Cancer Coalition
Physicians for Social Responsibility, National (1985 Nobel Peace Prize laureate)
Physicians for Social Responsibility, NYC
Physicians for Social Responsibility, Philadelphia
Physicians for Social Responsibility, San Francisco-Bay Area
Physicians for Social Responsibility, Washington State
Science and Environmental Health Network
SHARE Self-help for Women with Breast or Ovarian Cancer
Southwest Pennsylvania Environmental Health Project
Staff of the Ithaca Health Alliance

ELECTED OFFICIALS:
Mary Adams, RN, MPH, City of Rochester, Commissioner of Education
Diane Addesso, Town of Worcester, Deputy Supervisor
Robert T. Aiello, County of Ulster, Legislator
Dan Aman, Town of Brighton, Clerk
Stephanie Aprigliano-Kiyak, City of Dunkirk, Councilmember
Kathie Arnold, County of Cortland, Legislator
Jacqueline Augustine, City of Geneva, Councilor
Don Barber, Town of Caroline, Supervisor
Bonnie Bennett, Village of Aurora , Mayor
George J. Bianchi, Town of Frankfort, Deputy Supervisor
Debra Brock, Town of Preble, Board Member
Cynthia Brock, City of Ithaca, Alderperson
Doug Bullock, County of Albany, Legislator
Will Burbank, County of Tompkins, Legislator
Linda Burkhardt, Town of Olive, Councilmember
Dominick Calsolaro, City of Albany, Councilmember
Robert K. Camera, City of Geneva, Councilmember
Scott Carlsen, Town of Wawarsing, Supervisor
Christopher Case, City of Plattsburgh, Councilor
Carl Chipman, Town of Rochester, Supervisor
Carol Chock, County of Tompkins, Legislator
Stephen Churchill, Town of Seneca Falls, Supervisor
Bernard Cohen, Town of Bethel, Councilmember
Agnes Compagnone, RPA-C , City of Beacon, Councilmember
Peter Compton, Town of Locke, Highway Superintendent
Leslie Connors, Town of Danby, Councilmember
C. Peter Cordes, Town of Sidney, Councilmember
Mark Cornwell, Town of Cherry Valley, Councilmember
D. Chad Davis, County of Oneida, Legislator
James R. Dean, Village of Cooperstown, Trustee
Rich DePaolo, Town of Ithaca, Councilmember
Jason S. DiPonzio, Town of Brighton, Councilmember
Brenda Donohue, Town of Conesus, Supervisor
David Doonan, Village of Greenwich, Mayor
James Doring, Town of Preble, Supervisor
Bob Dougherty, City of Syracuse, Councilmember
Bob Eklund, Town of New Lisbon, Councilmember
Herb Engman, Town of Ithaca, Supervisor
Cynthia Falk, Village of Coopertown, Trustee
George Farenthold, Village of Aurora, Deputy Mayor
Michele Farwell, Town of Butternuts, Councilmember
Lorie Fessenden, Town of Genoa, Supervisor
Steve Fiore-Rosenfeld, Town of Brookhaven, Councilmember
Drew Fixell, Village of Tarrytown, Mayor
Gary Ford, Town of Marshall, Councilmember
James Frisch, Town of Ledyard, Deputy Supervisor
Dominic Frongillo, Town of Caroline, Deputy Supervisor
Diane Gallo, Village of Gilbertsville, Mayor
Catharine Gardner, Town of Lima, Deputy Supervisor
Victoria Gearity, Village of Ossining, Trustee
Leah Golby, City of Albany, Councilmember
James Goldstein, Town of Lebanon, Supervisor
David Gordon, County of Oneida, Legislator
Elizabeth L. Greenwood, Village of Tully, Mayor
Donald J. Gregorius, County of Ulster, Legislator
Matthew P. Haag, City of Rochester, Councilmember
Kathy Halton, Town of Danby, Councilmember
Jude Hartrich, Town of Wales, Councilmember
Terry Harvey, Town of McDonough, Councilmember
Ruth Hopkins, Town of Lansing, Councilmember
Vera Howe-Strait, Town of Enfield, Councilmember
Julie Huntsman, Town of Otsego, Councilmember
Letitia James, City of New York, Councilmember
Brian Kehoe, Village of Catskill, Trustee
Jean Kessner, City of Syracuse, Councilmember
Penelope King, Town of Meredith, Clerk
Dan Klein, Town of Danby, Councilmember
David Koenigsberg, Village of Dobbs Ferry, Trustee
Michael Kolczynski, Town of Savannah, Supervisor
Gary Koutnik, County of Otsego, County Representative
Cindy Kurpil Gieger, County of Sullivan, Legislator
Susan Labuhn, County of Cattaraugus, Legislator
William Labuhn, City of Salamanca, Councilman
William Lancaster, Town of Richmondville, Board Member
Linda Lavine, Town of Dryden, Councilmember
Patricia Leary, Town of Ithaca, Councilmember
Lorena Lenard, Town of Sangerfield, Councilmember
Edward T. Lentz, Town of New Lisbon, Councilmember
Lynn Leopold, Village of Lansing, Trustee
Arnold Lobdell, Village of Burke, Councilmember
Michael J. LoCurto, City of Buffalo, Councilmember
James Loomis, Village of Van Etten, Trustee
Fion MacCrea, Town of Alfred, Councilmember
Laura Malloy, Town of Laurens, Councilmember
Amy Mann, Village of Cazenovia, Deputy Mayor
Christine Marshall, Village of Altamont, Trustee
Susan McConnell, Town of Marshall, Councilmember
Robert J. Meelan, Town of Kirkland, Supervisor
Kevin Millar, CRNA, MSN, Village of Owego, Mayor
William Moehle, Town of Brighton, Supervisor
Deborah Mohlenhoff, City of Ithaca, Alderperson
Patrick Murphy, Town of Colden, Councilmember
Seph Murtagh, City of Ithaca, Councilmember
Nina Nichols, City of Troy, Councilmember
Deborah Nottke, Village of Trumansburg, Deputy Mayor
Louise Novros, Town of Brighton, Councilmember
Alan Ominsky, Village of Aurora, Trustee
Jacklyn Ortiz, City of Rochester, Councilmember-at-Large
Raymond Parker, County of Cortland, Legislator
A. Martin Petrovic, Village of Trumansburg, Mayor
Gerald Pietraszek , Town of Colden, Councilmember
Jeffrey L. Pond, City of Salamanca, Mayor
Casey Powers, Town of Newfield, Councilmember
Diane Pusateri, Village of Churchville, Trustee
Virginia Rasmussen, Village of Alfred, Trustee
Larry H Richardson, Town of Cochecton, Councilmember
David Rivera, City of Buffalo, Councilmember
Martha Robertson, County of Tompkins, Chair of the Legislature
Ronal L. Rocco, Town of Cortlandville, Councilmember
Hector Rodriguez, County of Ulster, Legislator
Beth Rosenthal, County of Otsego, County Representative
Amy Rosmarin, Town of North Salem, Councilmember
Jane Russell, Town of Pulteney , Supervisor
Philip M. Sacco, County of Oneida, Legislator
Thomas Salamone, School District of Minisink Valley, Board Member
Bennett Sandler, Town of Otsego, Councilmember
Amanda Scully, Town of Highland, Councilmember
Marcia Shaw, Town of Meredith, Treasurer
Paul Shepard, Town of Shelter Island, Councilmember
Frederick Sinclair, County of Allegany, Legislator
Sue Skidmore, City of Elmira, Mayor
Steve Smith, City of Ithaca, Alderperson
Aaron Snow, Town of Caroline, Councilmember
Elaine Spaull, City of Rochester, Councilmember
Paul Stein, Town of Pittsfield, Councilmember
Dan Sturm, Town of Bethel, Supervisor
Kate Supron, Village of Cayuga Heights, Mayor
Brian Sweeney, Town of Middletown, Councilmember
Peter Swiderski, Village of Hastings-On-Hudson, Mayor
Marie Taylor, Village of Aurora, Trustee
Elizabeth Thomas, Town of Ulysses, Councilmember
Ronald D. Townsend, County of Oneida, Legislator
Sue Vaccaro, Town of Tully, Clerk
Vicky Vassmer-Simpson, Town of Bethel, Councilmember
Rickey Venditti, Town of Wales, Supervisor
Frank X. Vescera, City of Utica, Councilmember
John L. Wallace, Town of Frankfort, Councilmember
Debra Watkins, Village of Trumansburg, Trustee
Lea Webb, City of Binghamton, Councilmember
Elizabeth Weberg, Village of East Aurora, Deputy Mayor
Jay Wenk, Town of Woodstock, Councilmember
Irene Wesier, DVM, Town of Caroline, Councilmember
Wendy Whetsel, Town of Putnam Valley, Councilmember
Kevin Whitney, County of Cortland, Legislator
Rodney Wiltshire, City of Troy, Councilmember
Richard Winters, Village of Liberty, Mayor
Alden H. Wolfe, New City, Vice Chairman of the Legislature
Robert Wood, Town of Oneonta, Supervisor
Daniel V. Woolaver, Town of Rush, Councilmember
Jerald Wrubel, Town of Geneseo, Board Member
Susan Zimet, Town of New Paltz, Supervisor